What are the requirements of Title IX?For Today's TrainingSexual Harassment Prevention and Awareness TrainingLiterally means, "this for that"

Occurs when submission to unwelcome sexual advances or request for sexual favors is made a condition of employment or receipt of employment opportunities or benefitsPinning a person to a wall

Blocking a passage

Grabbing, bumping, or pinching

Unsolicited touching or rubbing

Rape

Any other unwelcome physical contactLeering

Sexual gestures

Displaying pornography/sexually explicit material

Touching or rubbing in a suggestive mannerGive the person immediate attention

Be a good listener

No judgments of the accuser OR the accused

No discussion of pros/cons of reportingWhat should you do if someone tells you they feel like they are being harassed? Ask the person if they know about the Board policy

Assure them that retaliation is prohibited, and punished severely

Make notes: conduct alleged, times and dates, witnesses, other evidence, response to the conductSexual Harassment is a Form of Unlawful Employment Discrimination What is Sexual Harassment?What Behavior Constitutes Sexual Harassment?Initial Contact with ComplainantPhysical ConductNonverbal Conduct"Quid Pro Quo" HarassmentPresented by Michael T. Travis

Unwelcome sexual advances

The conduct has the purpose or effect of having a negative impact upon the individual's work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment

Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. (Education Code section 212.5)

Submission to, or rejection of, the conduct by the individual is used as the basis for employment or academic decisions affecting the individualTypes of Sexual Harassment:1. Quid Pro Quo2. Hostile Work EnvironmentPresented By

Insulting remarks, offensive graffiti, whistling at someone, cat calls, obscene jokes or humor about sex or women in generalHostile Environment HarassmentCase StudyAfter four months of employment, plaintiff was fired and sued, asserting among other things that the writers’ use of sexually coarse and vulgar language and conduct, constituted harassment based on sex.No Hostile Environment. Why?Not directed at Plaintiff or any other specific femaleLyle v. Warner Brothers Television Productions(2006) 38 Cal. 4th 264Lyle v. Warner Brothers Television Productions(2006) 38 Cal. 4th 264Sporadic use of abusive language, gender-related jokes, occasional teasing do not constitute a hostile work or educational environmentUnwelcome verbal, physical, or visual conduct of a sexual nature unreasonably interferes with performance or creates intimidating, hostile, or offensive working environment.

Conduct may be an action or a failure to take actionMaking sexual comments

Asking personal questions relating to sex or sexual activityVerbal ConductLyle v. Warner Brothers Television Productions(2006) 38 Cal. 4th 264Plaintiff was a comedy writers’ assistant who worked on the production of a popular television show called Friends.

The show revolved around a group of young, sexually active adults, featured adult-oriented sexual humor, and typically relied on sexual and anatomical language, innuendo, wordplay, and physical gestures to convey its humorThe writers regularly discussed their preferences in women and sex in general, including preferences for blonde women, a certain bra cup size, “get[ting] right to sex” and not “mess[ing] around with too much foreplay," and sexually graphic drawings of female anatomy during meetings. None of it was directed at plaintiff.WHAT RESULT?Not severe or pervasive

Sexual jokes, innuendos were a part of the workplaceTitle IX prohibits any person from being:

Excluded from participation in, Denied the benefits of, or Subjected to discrimination with respect to

Any educational program or activity on the basis of sex/gender. What is the first thing you should you do if you suspect sexual harassment is occurring?Physical conductNonverbal conductVerbal conductElectronic conductAbusive conductAsking for dates or sexual contact

Telling sexual storiesElectronic Communications and ConductE-mailText messagingSocial MediaBlogs and websitesSexual Harassment - Who Must We Monitor?Faculty and StaffColleaguesContractorsStudentsPublicAll groups have the right to a work and an educational environment free of harassmentMaking a ReportContact Your Supervisor and Human Resources

(Mandatory)

Contact Campus Police if you need immediate assistanceDo Not Attempt to Conduct Your Own Investigation!Filing a Harassment ComplaintSexual Harassment is a form of unlawful discrimination El Camino College Administrative Procedure 3430 and the Office of Staff and Student Diversity describe the steps and the process

Complaints of discrimination should be made in the Human Resources Department

Forms will also be available online ALL COMPLAINTS WILL BE INVESTIGATEDRetaliation is ProhibitedAll parties involved…accused, witnesses, cautioned against any conduct or statement that could be construed as retaliation against the complainant for filing the complaint. Complaints alleging retaliation are treated in the same manner as complaints of harassment and discrimination.

Retaliation prohibited under same laws prohibiting harassment and discrimination

QUESTIONS? What is Title IX?Example:

Is a football player’s environment severely or pervasively abusive if the coach smacks him on the buttocks as he heads onto the field?

Would the same behavior reasonably be experienced as abusive by the coach’s secretary back at the office?

What can you do if you feel harassed?Say you do not like it and ask the person to stop.

Tell your supervisor.

If the conduct is repeated it can become a violation and the offender can be advised of this.Keep a log or diary of the conduct, including dates, times, witnesses, direct quotes, and any documents or photographs.

Prohibits conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.

Abusive ConductGovernment Code 12950.1(g)(2):May include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.Sexual harassment is UNWANTED, UNWELCOME attention directed toward a person’s sexuality or sexual identity

Focus is on impact of the behavior, not the intent

Is This Harassment?A supervisor implies to an employee that the employee must sleep with him to keep a jobIs This Harassment?An employee makes one demeaning comment about female students to his coworkersAn employee makes demeaning comments about female students to his coworkers several times a week(and is there a difference?)Is This Harassment?A manager is made uncomfortable by an employee who tells sexually explicit jokesAn employee send out a joke email with sexually explicit language.Sexual Bribery- soliciting sexual favor by promise of rewardPromotions, raises, preferential use of equipment, valued assignment, favorable recommendation

Including grabbing, hugging, feeling, kissing, patting, stroking, neck massage or sexual assaultSexual Harassment is a Form of Unlawful DiscriminationTest: If you said it in person, would it be offensive?i.e., check yourself before you wreck yourselfWhat is the Best Way to Respond to Sexual Harassment?Summary of Options for Addressing Sexual HarassmentSpeak directly to the harasserSpeak to your supervisor and/or Human Resources

File a complaint with a law enforcement,state, or federal agencyFile a formal complaint with Human ResourcesHuman Resources Department